Page No.# 1/3 GAHC010052672025 undefined THE GAUHATI HIGH COURT (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH) Case No. : Crl.Pet./326/2025 SHAMIM AHMED LASKAR S/O LATE SHAMSUL HAQUE LASKAR R/O HAILAKANDI TOWN, WARD NO. 13, P.O.,P.S. AND DIST. HAILAKANDI, ASSAM VERSUS THE STATE OF ASSAM AND ANR REP. BY THE PP, ASSAM 2:HUMAIRA SULTANA LASKAR D/O KAMRUL HAQUE LASKAR VILL-NIZFULBARI PART- III P.O. AND P.S. KATIGORAH DIST. CACHAR ASSAM MOBILE- 700234468 Advocate for the Petitioner : MR. A M BARBHUIYA, S. M. ZINNA,MS S R MAZARBHUIYA,MS A BEGUM Advocate for the Respondent : PP, ASSAM, MS A KHATUN (R-2),P ADHIKARI(R-2) Page No.# 2/3 BEFORE HONOURABLE MRS. JUSTICE SUSMITA PHUKAN KHAUND ORDER Date : 28-03-2025 Heard Mr. A.M. Barbhuiya for the petitioner, learned counsel Ms. P. Adhikari for the respondent No. 2 and Mr. D.P. Goswami for the respondent State. 2. The petitioner has filed this application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 with prayer for setting aside and quashing the G.R. Case No. 631/2024 (PRC Case No. 584/2024 arising out of Hailakandi Police Station Case No. 194/2024) under Section 85 of Bharatiya Nyaya Sanhita, 2023. 3. The allegation brought up against the petitioner was that the respondent No. 2 was subjected to cruelty as the petitioner maintained an illicit relationship with another woman. The petitioner also administered medicine for forcible abortion of the foetus as the respondent No. 2 was pregnant at the time of incident. The petitioner and the other family members also subjected the respondent No. 2 to immense cruelty. 4. I have considered the submissions at the bar. It is submitted that marriage has been dissolved mutually by both the parties and both the parties are residing separately. Respondent No. 2 has also filed an affidavit marked as Annexure-4 of the petition that she has no objection if GR Case No. 631/224 is set aside and quashed. 5. As both the parties have settled the dispute mutually and as it is a family Page No.# 3/3 dispute, I deem it appropriate to allow the petition. It appears that possibility of conviction appears to be remote and bleak as the respondent No. 2 at present has no grievance against the petitioner. Further proceeding will indeed be an abuse of the process of the Court as the dispute is basically between the estranged husband and wife. 6. In view of the foregoing discussions, G.R. Case No. 631/2024 (PRC Case No. 584/2024 arising out of Hailakandi Police Station Case No. 194/2024) is hereby set aside and quashed. 7. In terms of the above observation, this petition stands disposed of. JUDGE Comparing Assistant